Republican State Representative candidate Alan Blaylock filed a formal request with Texas Secretary of State Robert S. Howden on Friday, seeking to declare Democrat Ericka Lomick ineligible for two Texas House District 93 seats. The request cites Lomick’s three federal felony convictions and argues that, under Texas Election Code Section 145.003, the Secretary of State may withhold certificates of election before they are issued.
Legal basis for the challenge
Attorney James E. “Trey” Trainor III of Dhillon Law Group, representing Blaylock, submitted the request on November 13. Trainor wrote that his review of public records found no pardon or other order releasing Ms. Lomick from the disabilities arising from her convictions. Section 145.003 allows the presiding officer of the final canvassing authority to declare a candidate ineligible after polls close and before a certificate of election is issued.
Trainor asked Howden to act quickly, requesting a response by noon on Monday, November 16, ahead of the November 17 deadline for the special election’s state canvass. He clarified that the Monday deadline is his own proposed timeline, not a statutory requirement.
Clarifying the role of the courts
In a separate email to Tarrant County Judge Tim O’Hare and the county commissioners, Trainor described the county canvass as a ministerial count and emphasized that the court does not decide a candidate’s eligibility. “We therefore do not ask the Court to delay the canvass, change any count, or rule on Ms. Lomick’s eligibility,” he wrote, asking commissioners to note the pending challenge in their minutes and preserve all election materials.
Felony convictions and eligibility rules
The challenge references Lomick’s guilty plea in January 2011 to mortgage‑fraud conspiracy, bank fraud and money‑laundering conspiracy, for which she received a 63‑month prison sentence and three years of supervised release. Texas law generally bars individuals with final felony convictions from holding elective office unless they have received a pardon or another release from the resulting disabilities.
A 2019 Texas Attorney General opinion distinguishes the restoration of voting rights after completing a sentence from the restoration of eligibility to hold public office. Simply completing a sentence does not automatically make a former felon eligible for elected positions.
Lomick’s response
In a November 12 statement to the Fort Worth Star‑Telegram, Lomick asserted that she had obtained release from the legal disabilities arising from her conviction and was fully qualified to serve. The Dallas Express has not reviewed any pardon or other document confirming that release, and Lomick’s statement did not specify the mechanism she relied on.
Earlier, on September 21, Lomick’s campaign announced that it had suspended the campaign after questions about eligibility surfaced, stating the decision was made so voters could elect someone able to serve without defending against attacks that could derail the district’s business.
Election results and potential outcomes
Tarrant County’s unofficial November 4 results showed Lomick ahead of Blaylock by 810 votes, 38,972 to 38,162, and she led the special election with 51.11% of the vote. If the Secretary of State declares Lomick ineligible, her votes would still be counted. An ineligible candidate who receives enough votes would create a vacancy, which would be filled through the regular process, not automatically awarding the seat to Blaylock.
Trainor emphasized that the request does not seek to change any vote count or declare Mr. Blaylock elected, but simply to ensure the statutory eligibility requirements are applied before certificates are issued.
Original reporting: WBAP News/Talk (Dallas-Fort Worth) — read the source article.
